accidents & injuries (tort law)

abandon

Abandon refers to the act of abandonment. A party can “abandon” in multiple fields of law and abandoning generally, though not always, involves voluntarily giving up a right.

See abandonment for more information.

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abandonment

Abandonment is a term that applies to a variety of areas of law. These areas include matrimonial law, civil procedure, and property.

Matrimonial Law

In matrimonial law, abandonment is a form of marital misconduct which...

able to work

The definition of “able to work” is defined as capable of employment. A person who is able to work is ineligible to receive unemployment benefits on the basis of illness or injury.

See, e.g., International Union, et al. v...

abnormally dangerous activity

An abnormally dangerous activity is related to tort law. The Restatement of Torts defines it as an activity that (1) is not of common usage, and (2) creates a foreseeable and highly significant risk of physical harm even when reasonable care...

abrogate

To abrogate is to formally annul or repeal a law through an act of legislation, constitutional authority, or custom. For example, the Supreme Court of Michigan explained in Ferency v. Secretary of State that “an existing constitutional...

act of God

An act of God refers to a severe, unanticipated natural event for which no human is responsible. Despite its facial religious connections, the usefulness of the term means “act of God” is frequently used in otherwise secular statutory and...

act of nature

Act of nature, also known as act of God, is an event that is caused solely by the forces of nature without human intervention. Any accident that is not under human control, influence, or human involvement, and is caused purely by the direct,...

actionable

A claim is actionable if there exist sufficient circumstances to meet the requirements of a cause of action. For example, a claim for the tort of battery is actionable if a person intentionally and without your consent made contact with you...

actual cause

Actual cause is a necessary element for both liability in civil cases and a guilty verdict under much of criminal law. In both civil and criminal cases, actual cause is determined by the but-for cause test; however, some jurisdictions also...

actual damages

In tort law, actual damages, also known as compensatory damages, are damages awarded by a court equivalent to the loss a party suffered. If a party’s right was technically violated but they suffered no harm or losses, a court may instead...

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